A judge has dismissed a legal challenge brought by Library Systems and Services (LSSI) against a proposed rule that would require Florida’s public library systems to be administered by a full-time librarian employed by the library’s governing body. Proposed by the Florida Division of Library and Information Services as an amendment to the State Aid to Libraries guidelines, the rule would require local governments to meet the requirement in order to receive a library operating grant from the state.
In its request (PDF file) to have the rule deemed invalid, LSSI said it would “substantially interfere with or preclude the management-outsourcing firm from entering into public-private partnerships with local governments for the provision of library management services . . . . due to the financial burden of employing a ‘full-time’ single administrative head and the logistical effects of this requirement.”
In the order of dismissal (PDF file) Administrative Law Judge Diane Cleavinger noted that while LSSI has undertaken sales efforts in Florida, it does not currently provide service to any entity in the state. Only a person “substantially affected” by a proposed rule may seek an administrative determination of its validity, Cleavinger wrote, calling LSSI’s interest “wholly speculative.” In addition, while LSSI cited its right to “earn a living” under the Florida constitution, Cleavinger said the right to work regulated by the rule does not belong to LSSI, since “it is not a single administrative head; it only employs single administrative heads.”
Wendy Breeden, president of the Florida Library Association, which filed a motion to intervene in the case, said, “FLA believes that the successful provision of public library service to Floridians and Florida communities requires the attention and service of a full time administrator.”